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Thread: Handling your gun outside the home or the range

  1. #1
    Regular Member GlockMom's Avatar
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    Handling your gun outside the home or the range

    I am new to this as you all know. When we leave the home, I will either have my gun on me secured in a holster loaded, or in my range bag locked and unloaded. I put the range bag in the trunk, but when it is OWB I sit with it in the car.

    My question is: What are the laws/rules for handling your gun outside of the home or range?

    http://leg1.state.va.us/000/cod/18.2-308.HTM

    It is my understanding that as of this year you (June?) can put it in your glove box as that is considered a secured container. Am I wrong on that understanding?

    Are you allowed to seat it, re-seat it when you get out of the car due to it being shifted when you sit? I avoid touching it with my hand at all so far.

    Is it considered brandishing if you were to take it out of the trunk and place it into your holster? Or if it is in the glove box, and you remove it from the glove box to put it OWB?

    I apologize if this is considered a stupid question, or one that has been answered before. If it has been addressed please point me to the thread.
    "Those who deny freedom to others deserve it not for themselves."
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    Regular Member wylde007's Avatar
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    Cool

    You are allowed to do whatever you want with your own sidearm/weapon as long as someone does not construe it as malicious or menacing.

    "Intent" is often the imperative. Unless someone can reasonably and rationally state that your handling of a firearm made them fear materially for their lives and/or safety, then you have nothing to worry about.

    Most people who carry have learned to "adjust their junk" discretely.
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    I can't quote any laws but I'm very cautious about handling my weapon in public. I'll holster or unholster it in the car if I'm arriving at or leaving a place where I can't carry. I just try to keep it down and make sure nobody outside is in a position to see it. As far as adjusting it, it its an IWB day I don't worry too much about it. It it's an OC day I try do do what needs done in the car or go to a bathroom stall. I imagine an anti could cause a lot of trouble for you if they see you handle your weapon and decide to be intimidated.

  4. #4
    Campaign Veteran skidmark's Avatar
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    Based on personal experience it seems that you would be more likely to be accused of brandishing if you pointed your finger at someone than if you were doing trick spins with your handgun in the parking lot at Wal-Mart.

    Moving back to being serious -

    It is my understanding that as of this year you (June?) can put it in your glove box as that is considered a secured container. Am I wrong on that understanding?
    Double-check me but I thought that went into effect last year. The glove box does not have to be locked but the door does need to be closed. Same for a center console with a closable lid. The law allows carry in a "compartment" as well and there is nothing I know of saying things like map pockets are not compartments.

    Are you allowed to seat it, re-seat it when you get out of the car due to it being shifted when you sit? I avoid touching it with my hand at all so far.
    If you were for some reason carrying it on the passenger seat, you would need to reholster it. Do so discreetly - as in using your open door to block the view of hoplophobes and ninnies. When you are sitting in your car how can someone outside tell what you are doing with your hand? Admonitions about booger hooks being kept away from bang switches apply, of course.

    Is it considered brandishing if you were to take it out of the trunk and place it into your holster? Or if it is in the glove box, and you remove it from the glove box to put it OWB?
    Most likely not. The Va Supremre Court pretty much gave up on its ruling in Morris that any showing of the firearm in a way that the person viewing could preceieve was intended as a threat satisfied the definition of brandishing - which by the way is defined in law as "brandishing". Yes, the law needs cleaning up. Just let's not get it named the skidmark law, OK?

    Again, the main thing is to keep the activity low-key. Using your vehicle as a visual shield is different from needing to hide your activity - such as folks in Florida or Texas must do.

    stay safe.
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    Quote Originally Posted by wylde007 View Post
    Most people who carry have learned to "adjust their junk" discretely.
    any man should know how to do this already lol


    that comment also made my co-worker and i laugh our lunch break away.

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    Regular Member wylde007's Avatar
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    Wink

    Quote Originally Posted by cptstoney View Post
    that comment also made my co-worker and i laugh our lunch break away.
    Then it was worth the time I took to type it.

    Regards.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Regular Member ProShooter's Avatar
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    I think you would benefit from this class - http://proactiveshooters.com/general...d-carry-in-va/

    We discuss all of the laws you were asking about.
    Last edited by ProShooter; 06-21-2012 at 09:47 PM.
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    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    Double-check me but I thought that went into effect last year. The glove box does not have to be locked but the door does need to be closed. Same for a center console with a closable lid. The law allows carry in a "compartment" as well and there is nothing I know of saying things like map pockets are not compartments.
    I don't think there is any way to double-check this, but I have never read any discussion on whether or not a "map pocket" would count as a compartment. I bet it would take some interesting argument to persuade a judge, and it would also probably depend on whether the pocket was the kind that was "closed" with elastic or something (like on the back of the front seats), as opposed to an "open" pocket like in the side of the car door.

    Every step is closer and closer to Constitutional Carry.

    TFred

    ETA: tweak
    Last edited by TFred; 06-22-2012 at 02:07 PM.

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    Regular Member riverrat10k's Avatar
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    FWIW, I tend to get out of the car, and, while standing strong side in, pull up my pants, adjust my belt, holster angle, etc., and then carry on.
    Last edited by riverrat10k; 06-22-2012 at 10:19 PM.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by riverrat10k View Post
    FWIW, I tend to get out of the car, and, while standing strong side in, pull up my pants, adjust my belt, holster angle, etc., and then carry on.
    PLEASE tell us you meant to write "hitch up" your pants.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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  11. #11
    Regular Member scouser's Avatar
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    Quote Originally Posted by riverrat10k View Post
    FWIW, I tend to get out of the car, and, while standing strong side in, pull up my pants, adjust my belt, holster angle, etc., and then carry on.
    Quote Originally Posted by skidmark View Post
    PLEASE tell us you meant to write "hitch up" your pants.

    stay safe.
    probably goes a long way to explain why he was always late for breakfast

  12. #12
    Regular Member riverrat10k's Avatar
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    Always a comedian around here! The only thing I hitch up is a boat!

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    Regular Member ryan7068's Avatar
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    Quote Originally Posted by TFred View Post
    I don't think there is any way to double-check this, but I have never read any discussion on whether or not a "map pocket" would count as a compartment. I bet it would take some interesting argument to persuade a judge, and it would also probably depend on whether the pocket was the kind that was "closed" with elastic or something (like on the back of the front seats), as opposed to an "open" pocket like in the side of the car door.

    Every step is closer and closer to Constitutional Carry.

    TFred

    ETA: tweak
    Of course this is open to opinion, but I would go with something with a latch as a so called "secured container". thats just me

    -of course you could always say it was sitting on the dashboard "in plain view" and when you were stopped "aka no longer transporting" you then put it in you map pocket. That may mess them up
    Last edited by ryan7068; 06-24-2012 at 10:41 AM.
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    Campaign Veteran skidmark's Avatar
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    Why play games in the hopes of confusing the cops and the situaion? Why not just go with what the law says?

    If you prefer to use only compartments that have covers that latch, then do so. If you are willing to say the law allows you to use map pockets and the like then go ahead. One position is highly risk-adversive; the other is not.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Regular Member speed41ae's Avatar
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    Quote Originally Posted by skidmark View Post
    Just let's not get it named the skidmark law, OK?
    That sounds so catchy it might just catch on to be a catchphrase!

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by speed41ae View Post
    That sounds so catchy it might just catch on to be a catchphrase!
    Good thing there aren't any smart azzzs here who might have just such a bill introduced

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    I have heard some police officers say that they often rest their hand on their gun grip because it is comfortable. I might have to try that. You know, for the comfort factor.

  18. #18
    Regular Member ProShooter's Avatar
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    Quote Originally Posted by Fenris View Post
    I have heard some police officers say that they often rest their hand on their gun grip because it is comfortable. I might have to try that. You know, for the comfort factor.
    I never really rested on mine, or used mine as a hat rack. I would stuff my leather search gloves in behind the holster though, since they were easily accessible and it didn't affect my draw.
    James Reynolds

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  19. #19
    Founder's Club Member Hawkflyer's Avatar
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    Quote Originally Posted by skidmark View Post
    Why play games in the hopes of confusing the cops and the situaion? Why not just go with what the law says?

    If you prefer to use only compartments that have covers that latch, then do so. If you are willing to say the law allows you to use map pockets and the like then go ahead. One position is highly risk-adversive; the other is not.

    stay safe.
    I am afraid all these changes in the law are too late for a lot of us. I already have a small lock box I keep in the car for storage when I choose not to carry. If I need to transport a weapon in a "Compartment" then that is where it goes. It would no doubt meet the requirements of the new code, as it worked for the old one.

    Regards
    Last edited by Hawkflyer; 07-05-2012 at 07:13 PM.
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